1. The Order delivered by the President
of the Inter-American Court of Human Rights (hereinafter "the Court"
or "the Inter-American Court") on June 12, 1996, in which he decided:

1. To request that the Government
of the Republic of Peru adopt forthwith such measures as are necessary
to effectively ensure the physical, psychological and moral integrity
of Ms. María Elena Loayza-Tamayo, so that any provisional measures that
the Inter-American Court may take can have the requisite effect.2. To request that the Government
of the Republic of Peru submit to the President of the Court, not later
than June 25, 1996, a report on the measures taken so that they may
be brought to the attention of the Court at its next session scheduled
for June 26 to July 3, 1996.3. To submit this Order
for the Court's consideration and pertinent effects during its next
session.

2. The Order of the Court of July
2, 1996, in which it decided:

1. To ratify the Order of
the President of the Inter-American Court of June 12, 1996.

2. To call once more upon
the Government of the Republic of Peru to take, on behalf of Ms. María
Elena Loayza-Tamayo, all provisional measures necessary for the effective
safeguard of her physical, psychological and moral integrity.3. To call upon the Government
of Peru to continue to report every two months on the provisional measures
taken.4. To call upon the Inter-American
Commission on Human Rights to submit to the Court its comments on that
information not later than one month from the date of its receipt.

3. The brief presented by the Inter-American
Commission on Human Rights (hereinafter "the Inter-American Commission"
or "the Commission") on September 12, 1996 and its attachments, in
which it informed the Court that Ms. María Elena Loayza-Tamayo's health had
deteriorated because:

she is subjected to a regime
of inhuman and degrading treatment caused by incommunicado detention and
by being enclosed for 23 1/2 hours a day in a damp, cold cell measuring
approximately 2 meters by 3 meters, without direct ventilation, containing
cement bunks, a latrine and a hand-basin... The cell has no direct lighting
and is only dimly and indirectly lit from the fluorescent tubes in the
corridors. She is allowed neither a radio, newspapers nor magazines. She
is allowed into the sunlight for only 20 to 30 minutes a day.

In that brief the Commission requested
that the Inter-American Court order the Government of Peru (hereinafter "Peru")
to bring to an end the solitary confinement and incommunicado detention imposed
on María Elena Loayza-Tamayo.

4. Official communication 194-USP-EPMSMCH-96
of July 25, 1996, attached by the Commission to the aforementioned brief of
September 12, in which Dr. Julia Ruiz Camacho, Chief Medical Officer of Chorillos
Women's Maximum Security Prison, after her examination of Ms. María Elena Loayza-Tamayo,
certified that the prisoner was suffering from physical and psychological disorders,
including depressive anxiety syndrome.

CONSIDERING:

1. That Perú has been a State Party
to the American Convention since July 28, 1978 and that it accepted the compulsory
jurisdiction of the Court on January 21, 1981.

2. That Article 63(2) of the Convention
provides that the Court shall take the provisional measures it deems pertinent
in matters it has under consideration in cases "of extreme gravity and
urgency, and when necessary to avoid irreparable damage to persons."

3. That Peru has not complied with
the third operative paragraph of the Court's Order of July 2, 1996, in which
it is called upon to report regularly to this Tribunal on any measures it has
taken to ensure the effective safeguard of María Elena Loayza-Tamayo's physical,
psychological and moral integrity.

4. That the Commission's brief of
September 12, 1996 was accompanied by copies of communications and documents
attesting both to the deterioration in Ms. María Elena Loayza-Tamayo's state
of health and to the living conditions of male and female inmates in Lima's
maximum security prisons.

5. That, in default of the report
which the Government should have provided in accordance with the requirements
of this Court, it is presumed that the conditions of imprisonment imposed on
Ms. María Elena Loayza-Tamayo seriously endanger her physical, psychological
and moral health, as the Commission claims.

6. That Article 5 of the American
Convention on Human Rights provides that:

1. Every person has the right
to have his physical, mental, and moral integrity respected.

2. No one shall be subjected
to torture or to cruel, inhuman, or degrading punishment or treatment.
All persons deprived of their liberty shall be treated with respect
for the inherent dignity of the human person.

NOW, THEREFORE:

THE INTER-AMERICAN COURT OF HUMAN
RIGHTS,

pursuant to Article 63(2) of the
American Convention on Human Rights,

DECIDES:

1. To call upon the Government of
Peru to modify the conditions in which Ms. María Elena Loayza-Tamayo is being
held, particularly in regard to her solitary confinement, so as to bring the
situation into line with Article 5 of the American Convention on Human Rights
and the Order of the Court of July 2, 1996.

2. To call upon the Government of
Peru to provide Mrs. María Elena Loayza-Tamayo with medical treatment -both
physical and psychiatric- without delay.

3. To call upon the Government of
Peru to inform the Court of the measures it has taken to comply with this Order
within fifteen days. Starting with that initial report, the Government shall
report to the Court every two months on the status of the measures taken in
the instant case.

4. To call upon the Inter-American
Commission on Human Rights to submit its comments on the above information to
the Court not later that one month from the date of its receipt.